Société des Produits Nestlé S.A. v. International Fruit Genetics, LLC

Société des Produits Nestlé S.A.

Case details

Case no.: R0549/2022-5

Jurisdiction: European Union

Industry: Food and Drink

Decision date: 03 Oct, 2023


When the targeted consumer finds similar goods designated by the contested mark ‘CANDY CRUNCH’, the latter might think that those goods have the same commercial origin as the goods bearing the earlier figurative mark. It is quite possible for an undertaking active on the market in the provision of the goods in question to use sub-brands, that is to say, signs that derive from a principal mark and which share with it a common element, i.e. ‘CRUNCH’ in this case. It is therefore conceivable that the targeted public may regard the afore-mentioned goods designated by the contested mark as derived from the opponent (for example, a new line of goods released by the opponent or by related entities, derived from the opponent’s trade mark).

Comparison of Trademarks